Hi all, if a property management company neglected to check whether a diesel tank (for central heating) was full at the commencement of a Tenancy (supposed to be full at start by LL and filled at end by T) and did not have this written into the Agreement with the Tenants, is the Landlord required to reimburse the departing Tenant for the diesel that's left when they vacate? Or can they tell the property management company to pay since it was their error? Sigh. Any advice appreciated. Thanks.

valleystream - 2021-09-22 14:16:00

Is the tenant alleging that the tank was not full and they had to fill it up?

Actually, both of your options may apply because of the two contractual relationships involved. Landlord may need to reimburse tenant (because tenancy laws...) and PM may need to reimburse landlord for that cost (because their mistake).

pico42 - 2021-09-22 14:50:00

I would think you should leave it full when you leave.
And no you should not get reimbursed on the remaining diesel as there would of been diesel in the tank when you started.
Now you know how long a tank lasts and you know how long it was before you filled the first tank so if you got a month on the first tank and a month there after then you know the tank was full at the start of your tenancy and there for should be filled by you at the end of your tenancy.
Do it in good faith even if it isn't in writing because you might need them as a reference at some stage.

leson - 2021-09-22 14:56:00

leson wrote:

I would think you should leave it full when you leave.
And no you should not get reimbursed on the remaining diesel as there would of been diesel in the tank when you started.
Now you know how long a tank lasts and you know how long it was before you filled the first tank so if you got a month on the first tank and a month there after then you know the tank was full at the start of your tenancy and there for should be filled by you at the end of your tenancy.
Do it in good faith even if it isn't in writing because you might need them as a reference at some stage.

OP is not the tenant.

desi1969 - 2021-09-22 14:58:00

Thank you to those that replied. Basically the property management company has neglected to A) check the tank at start of tenancy and B) failed to have a clause in the Agreement saying the tank should be full at start and full at end. My question is, is the LL liable to refund the departing tenant for the fuel left in the tank since there was nothing in writing to say otherwise. And is the LL liable to refund this since it was the property management company's mistake?

valleystream - 2021-09-22 15:01:00

pico42 wrote:

Is the tenant alleging that the tank was not full and they had to fill it up?

Actually, both of your options may apply because of the two contractual relationships involved. Landlord may need to reimburse tenant (because tenancy laws...) and PM may need to reimburse landlord for that cost (because their mistake).

Tenant is not alleging anything. Just saying hey, we have gone and we have left $700 worth of diesel in the tank and we want our money back.

valleystream - 2021-09-22 15:02:00

valleystream wrote:

Thank you to those that replied. Basically the property management company has neglected to A) check the tank at start of tenancy and B) failed to have a clause in the Agreement saying the tank should be full at start and full at end. My question is, is the LL liable to refund the departing tenant for the fuel left in the tank since there was nothing in writing to say otherwise. And is the LL liable to refund this since it was the property management company's mistake?

If you have it in writing with the property management company that they were to check the tank at the beginning and end of tenancy then it should be up to PMC to reimburse and sort it out as you are paying them to do a job.

leson - 2021-09-22 15:08:00

The other thing is there is no way to determine how full the tank was at the beginning it could of been full

leson - 2021-09-22 15:13:00

No you get nothing. Swings and roundabouts. Move on to your new place.

msigg - 2021-09-22 15:14:00

If the tank takes $1000 and the tank was full at the start the tenants could owe you $300 to fill it up.
I don't think you owe anyone anything.

leson - 2021-09-22 15:16:00

If you trust the tenant is telling the truth that they moved in and the tank was empty (perhaps they have receipt for filling up when they first moved in?), and they have left the better part of a full tank when they left, I'd probably refund them.

But I'd say if the tenant cannot prove the tank was empty at the start of the tenancy (or it actually wasn't empty), you'd not be liable to reimburse them.

phoenix22 - 2021-09-22 15:44:00

The PM made the beginners mistake. Send them the bill.

pcle - 2021-09-22 15:54:00

valleystream wrote:

Tenant is not alleging anything. Just saying hey, we have gone and we have left $700 worth of diesel in the tank and we want our money back.

I understand now.
Have they provided any supporting documentation?

pico42 - 2021-09-22 17:02:00

valleystream wrote:

Basically, the property management company has neglected to A) check the tank at start of tenancy, and, B) failed to have a clause in the Agreement saying the tank should be full at start and full at end.

I have found many errors made by the PM in the TAs over the years, that I finally learned I need to proof-read it before the new tenant signs it, just to make sure all is tickety-boo. Just a suggestion moving forward.....

thumbs647 - 2021-09-23 10:30:00

The PM is only an intermediary service who is working for the owner - so the owner is the one that is required to do the legally correct thing to the tenant - maybe even the ethically correct thing. From there it is a matter between the owner and the PM. Tenant however did sign the agreement so obviously didn't read the agreement properly and ask the question prior to signing to clarify matters, even tho' the intent/assumption may of been there.

brouser3 - 2021-09-23 11:00:00

If you think that someone owes you for the $700 worth of diesel in the tank, why not save yourself the hassle of trying to get this money, just take the diesel with you... oh it is no good to you, it is surplus to your requirements.. perhaps the LL will take it off your hands, say $50 the lot.... can not do any fairer than that !!!!

onl_148 - 2021-09-23 13:04:00